119-HR4641

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 4641

1. Short title
2. Requiring States to provide for continuous eligibility for children under Medicaid and CHIP
3. Adjusting application of provision providing coverage continuity for former foster children up to age 26 under Medicaid

1. Short title

This Act may be cited as the "Keep Kids Covered Act".

2. Requiring States to provide for continuous eligibility for children under Medicaid and CHIP

(a) Continuous eligibility for deemed newborns until age 6 -

(1) Medicaid - Section 1902(e)(4) of the Social Security Act (42 U.S.C. 1396a(e)(4)) is amended by striking "one year" and inserting "6 years".

(2) CHIP - Section 2112(e) of the Social Security Act (42 U.S.C. 1397ll(e)) is amended by striking "1 year of age" and inserting "6 years of age (except that such a child who is enrolled under the State child health plan or waiver may be transferred to the Medicaid program under title XIX for the remaining duration of the 6-year continuous eligibility period, if the child becomes eligible for full benefits under title XIX during such period)".

(b) Continuous eligibility for children under age 19 and former foster youth -

(1) Medicaid - Section 1902(e)(12) of the Social Security Act (42 U.S.C. 1396a(e)(12)) is amended—

(A) - in the paragraph heading, by striking "1 year of continuous" and inserting "Continuous";

(B) - in the text preceding subparagraph (A), by inserting "has attained the age of 6 and" after "an individual who";

(C) - in subparagraph (A), by striking "the 12-month period" and inserting "the 24-month period";

(D) - by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and adjusting the margins accordingly;

(E) Children under age 6 - by striking "The State plan" and inserting:

(A) Children under age 6 - The State plan (or waiver of such State plan) shall provide that an individual who is under the age of 6 and who is determined to be eligible for benefits under a State plan (or waiver of such plan) approved under this title under subsection (a)(10)(A) shall remain eligible for such benefits until the earlier of—

(i) - the time that such individual attains the age of 6; or

(ii) - the date that such individual ceases to be a resident of such State.

(B) Children ages 6 through 18 - The State plan

(F) Former foster youth - by adding at the end the following new subparagraph:

(C) Former foster youth - The State plan (or waiver of such State plan) shall provide that an individual who is determined to be eligible for benefits under a State plan (or waiver of such plan) approved under this title under subsection (a)(10)(A)(i)(IX) shall remain eligible for such benefits until the earlier of—

(i) - the time that such individual attains the age of 26; or

(ii) - the date that such individual ceases to be a resident of such State.

(2) CHIP - Section 2107(e)(1)(L) of the Social Security Act (42 U.S.C. 1397gg(e)(1)(L)), as redesignated by section 71103(b)(1) of Public Law 119–21, is amended—

(A) - by striking "1 year of"; and

(B) - by striking "12-month" and inserting "applicable".

(c) Updating contact information during continuous eligibility period -

(1) Medicaid - Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)), as amended by sections 71103(a)(1) and 71104 of Public Law 119–21, is amended—

(A) - in paragraph (88), by striking "and" at the end;

(B) - in paragraph (89), by striking the period at the end and inserting "; and"; and

(C) - by inserting after paragraph (89) the following new paragraph:

(90) - provide for a process—

(A) - to obtain, not less frequently than annually, the up-to-date contact information for individuals enrolled under such plan (or a waiver of such plan) who have been so enrolled for a period of longer than 12 months pursuant to a continuous eligibility provision under this title; and

(B) - to inform each such individual of their enrollment under such plan (or waiver) pursuant to such continuous eligibility provision and of the remaining duration of the applicable period of continuous eligibility.

(2) CHIP - Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)), as amended by sections 71103(b)(1) and 71109(b) of Public Law 119–21, is amended—

(A) - by redesignating subparagraphs (I) through (W) as subparagraphs (J) through (X), respectively; and

(B) - by inserting after subparagraph (H) the following new subparagraph:

(I) - Section 1902(a)(90) (relating to the verification of contact information and provision of information regarding enrollment during a period of continuous eligibility).

(d) Effective date - The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this section.

3. Adjusting application of provision providing coverage continuity for former foster children up to age 26 under Medicaid

Section 1002(a)(2) of the SUPPORT for Patients and Communities Act (42 U.S.C. 1396a note) is amended by striking "shall take effect with respect to" and all that follows through the period at the end and inserting the following:

(A) - beginning January 1, 2023, with respect to foster youth who attain 18 years of age on or after such date; and

(B) - beginning on the date that is 180 days after the date of enactment of the Keep Kids Covered Act, with respect to foster youth not described in subparagraph (A).